You just received a negative Yelp review. Is there anything a business can do to combat customer’s disgruntled statements? Can they be removed?
The short answer is yes, but there is more to the story. Continue reading to understand why Yelp is not liable and the consequences businesses should consider when fighting back against false reviews.
Yes, it is possible to remove negative reviews from Yelp, but it is certainly an uphill battle. That is because a federal law, Section 230 of the Communications Decency Act, immunizes websites like Yelp from liability for publishing what its users say. This law serves an important function in the online space and has given websites like Facebook, Twitter, TripAdvisor and others the stability needed to grow and expand. But, it makes it difficult to remove content that you disagree with.
However, even Yelp would agree that certain statements have no purpose on Yelp. Yelp’s Terms of Service provides a framework for determining what statements do not belong. Specifically, Yelp has published Content Guidelines that prohibit the posting of fake or defamatory reviews, posts that violate intellectual property rights, or threaten others, among other items.
To force Yelp to consider removing a review, you need to provide a concise argument as to why the posting violates Yelp’s own rules. Usually this means proving a statement to be defamatory, i.e. false and injurious to reputation.
The more objective proof you possess to prove the falsity of a negative review, the better your chance at having it removed. For example, if a negative review is based on a “I didn’t like XYZ,” you probably will not have much proof to disprove that statement. That is someone’s opinion and they are entitled to post it on Yelp.
But, when someone posts that shipping took 6 weeks, they received the wrong product, or that a refund policy was not explained to them, it is likely you have proof to the contrary. For example, your records will show when shipping was completed, what the customer ordered and what was delivered, and the customer’s authorization that he or she read the refund policy. When you can prove statements to be false, you have a higher likelihood of having the comments removed as being defamatory.
Another option to remove a negative review is to contact the poster directly. If the poster’s identity can be determined, a letter can be sent to the poster demanding the review be removed or a defamation lawsuit will be filed. While this is the most direct route, it has potential consequences: the poster could respond publicly, drawing more attention to the review, or could escalate the dispute in ways that damage the business further.
The ability to pursue legal action over a negative online review depends on whether the review constitutes defamation. Defamation — in written form called libel — requires that the statement be (1) a false statement of fact, not an opinion; (2) published to third parties; (3) made with the requisite level of fault; and (4) damaging to reputation. Pure opinion statements, such as “the food was terrible” or “I would never come back,” are generally protected and cannot form the basis of a defamation claim.
The critical distinction is between statements of opinion and statements of fact presented as true. “This restaurant gave me food poisoning” is a factual claim. “The service here is slow” is an opinion. Courts apply the totality of the circumstances test to determine whether a reasonable reader would interpret the statement as fact or opinion, considering the specific language used, the context of the statement, and whether the statement is objectively verifiable.
In Michigan, the Supreme Court has recognized that the context of internet postings — including review sites, message boards, and social media — is relevant to whether a statement will be interpreted as fact or opinion. Courts consider that readers of online reviews are accustomed to hyperbole and exaggeration, which weighs in favor of characterizing vague negative statements as non-actionable opinion.
Section 230 of the Communications Decency Act, 47 U.S.C. § 230(c)(1), provides that no “interactive computer service” shall be treated as the publisher of information provided by a third party. This immunity is extraordinarily broad: Yelp, Google, TripAdvisor, and similar review platforms cannot be held liable for user reviews regardless of how false or damaging those reviews may be.
This means your legal claim must be directed at the individual reviewer, not at Yelp. A demand letter to Yelp or a lawsuit against Yelp will almost certainly be dismissed under Section 230. Your avenue for relief is through a defamation claim against the reviewer personally — and, armed with a judgment or court order, you can then seek removal of the content from the platform.
Before pursuing legal action over a negative Yelp review, business owners must understand the risk posed by anti-SLAPP statutes. SLAPP stands for Strategic Lawsuit Against Public Participation. Anti-SLAPP laws, which exist in many states including California (where Yelp is headquartered) and Michigan, are designed to quickly dismiss meritless lawsuits brought to silence critics.
Under a typical anti-SLAPP statute, a defendant who is sued over a statement on a matter of public concern can file an early motion to strike the complaint. If the court finds the lawsuit meritless, it can dismiss the case and award attorney’s fees to the defendant — meaning the business owner who filed the lawsuit ends up paying the reviewer’s legal costs. This risk is not theoretical: courts have awarded substantial attorney’s fees against businesses that sued reviewers without a solid legal basis.
The takeaway: do not sue over a negative review without first consulting a defamation attorney who can objectively assess whether the review crosses the line from protected opinion into actionable false statement of fact.
Beyond legal action, businesses have several practical tools for managing their online reputation:
If your business has been harmed by a false and defamatory online review, Revision Legal’s Internet defamation attorneys can evaluate your situation and advise you on the best course of action. We regularly handle online defamation matters, reputation management cases, and disputes involving false reviews on Yelp, Google, TripAdvisor, and other platforms.
Contact us at 855-473-8474 or through our website to schedule a consultation.
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